NEWS

On 16 April 2018 the Minister of Immigration, Refugees and Citizenship announced an update to the policy regarding medical inadmissibility under Canada's Immigration and Refugee Protection Act. The changes that will come into effect on 1 June 2018 will enable more applicants for permanent residence to be approved even if they have a medical condition or disability that may have previously rendered them inadmissible to Canada because of “excessive demand” on the Canadian health care and social services system.

In November 2017 I wrote in depth about the requirement for all applicants for immigration to Canada to undergo medical examinations. Some classes of immigration such as spousal sponsorship or refugees are exempt from medical inadmissibility regulations. However, for many applicants, if the applicant or any accompanying family member has a medical condition that “may cause excessive demand on existing social or health services provided by the government” they can be found medically inadmissible. The threshold for “excessive” demand was set at $6,655 per year (based on 2017 figures), meaning if the officer determined that an applicant would require care and social services in excess of this amount they would be deemed medically inadmissible.

However, this approach has long been criticized as being out-of-date and out-of-touch with Canada's current approach to inclusion and disabilities. Annually approximately 1,000 applicants are denied immigration to Canada because of medical inadmissibility, with at least a quarter of these being families that have children who require special education services that will cost more than the minimum threshold. This means hundreds of applicants are refused each year under the provision because they or their children have a health condition or disability that can be accommodated by Canadian society.

The new policy that will be effective as of 1 June will make two important changes:1- it will increase the minimum threshold considerably to $19,965 per year (based on 2017 figures), and2- it will change in the definition of “social services” so as to remove references to special education, social and vocational rehabilitation services and personal support services that an applicant may need in Canada.

The aim of this new policy on medical inadmissibility is to better balance the need to protect publicly funded health and social services with Canada's commitment and views on the inclusion of all persons, including those with disabilities.

To make this policy a reality, the federal government is making important administrative changes including creating a centralized office to make decisions regarding medical inadmissibility, ensuring that information on procedures and requirements are presented in plain-language and that the decision makers and medical officers have updated training to support these changes.

The federal government has been reviewing medical inadmissibility since 2016. However these changes will likely not be the last development in this area. The Standing Committee on Citizenship and Immigration recommended the full elimination of the medical inadmissibility policy and the federal government is collaborating with the provinces and territories to make this recommendation a reality.

Canada has been working hard to recruit international students and promises those who chose to study in Canada a pathway to permanent residence once they complete their studies and work in Canada for a period of time. But for one group of applicants the reality has become very different. There are currently more than 300 recent graduates or postdoctoral Iranian students in Canada that are facing longer processing times as they are told that their applications are undergoing “security screening”. The problem is so widespread that over the past month CBC, The Globe and Mail and Vice News have all published articles about the plight of more these recent graduates and postdoctoral students that are facing much longer processing times than their counterparts from other countries.

Given the track record of Iranian students for outstanding academic achievement, it comes as no surprise that there are hundreds of masters and doctorate and even postdoctoral students from Iran at universities across Canada. After spending years studying in Canada, many have become socially settled and want to remain in Canada based on the welcome that Canada extends to international students.

These students qualify for immigration under a number of different categories depending on their circumstances, and most often are eligible to apply based on their Canadian studies and work experience in the Express Entry system. According to the Immigration, Refugee and Citizenship Canada (“IRCC”) website, the current average processing time for 80% of applicants as Federal Skilled Workers or applicants under the Canadian Experience Class is 6 months. However, many Iranian applicants have waited much longer, many in excess of a year and some many years.

This is all the more frustrating for those who have been living in Canada as students for several years before submitting their immigration applications. The impact of these delays is causing great distress for these applicants and many find that their lives are on hold as they wait for the final decision from IRCC. In a recent statement, the Iranian Canadian Congress (“ICC”) found that these graduate students “are unable to make long-term plans for their lives, must pay far higher tuition fees than permanent residents, face difficulties in finding employment since their status in Canada is uncertain, and cannot commit to further studies or academic positions because these institutions require assurances that they can stay in the country”.

So what is causing these delays? The answer is “security screening” according to the Minister of Immigration, Ahmed Hussen, and the Minister of Public Safety, Ralph Goodale. Security screening and background checks are an essential part of the immigration process: before a person is granted permanent residence Canada wants to ensure that they do not have any criminal history and do not present a security threat to Canada. However, the question that remains is why screening for applicants of Iranian background is taking much longer than applicants from other countries.

This is the question that has been asked by ICC in their meeting with representatives of the the Minister of Public Safety in Ottawa last week, the Canadian Civil Liberties Association and a number of federal MPs. The only response they have received so far is that the processing times of security screening is affected by how long it takes to receive information, the volume of applications, how easily the information can be verified. Given that there are more than a thousand Iranian immigration applicants in Canada Border Services Agency's current security-check inventory, it is hard to predict how much longer these applicants will have to wait to receive their permanent residence visas and realize their dream of settling in Canada.

The results of the 2018 Parent and Grandparent (PGP) Sponsorship lottery were announced beginning on 19 March 2018 and thousands of families across Canada received good news emails inviting them to submit applications to sponsor their parents or grandparents.

In 2017 Immigration, Refugees and Citizenship Canada (“IRCC”) introduced a new “lottery” system to select applicants to fill its quota of 10,000 applications. In 2017 more than 95,000 people registered with IRCC and while the 2018 numbers have not been released it will be at least the same if not more than last year.

If you are one of the lucky families that has been selected to submit a PGP sponsorship application you must act fast as applicants only have 60 days to submit a complete application.

Check your email (including your spam folder) or use the confirmation number to look up if you were selected online

Ensure that you meet the eligibility criteria (refer to my previous articles available on the Salam Toronto website) and if there are any questions regarding your eligibility you should speak with an immigration lawyer immediately

Gather all the required documents for yourself and your parents – whether you are applying for yourself or with the assistance of a representative, it is extremely important that your application is complete and meets all the requirements. I have unfortunately seen applications returned for missing a single check mark or photograph so it is imperative that you submit a complete application

While the key requirement for PGP sponsorship applications is the minimum necessary income you must show as the sponsor there are often complex questions that arise. In order to meet this income requirement, you can combine your income and that of a co-signer for the past three years. The co-signer can be your spouse or common-law partner. The co-signer must also be eligible to sponsor and co-sign the undertaking of support for the period of 20 years. What happens if the number of people in your family changes (you become married or a child) during the three years that you have to show income? What if you lose the support of your co-signer as part of the application? In these cases you should consult with an immigration lawyer as soon as possible to ensure that you are able to submit a successful application.

The amount of income you must have depends on the size of your family and the number of people you are sponsoring. For example, if you are a family of three sponsoring both your mother and father, you (along with a potential co-signer) need to show income of at least $65,377 in 2015 and $66,654 in 2016, and $67,400 in 2017. This amount varies based on the number of people in your family and those being sponsored. Your income over the three year period is verified based on proof of income from the Canada Revenue Agency.

Given the short period of time you have to submit your application you should try to submit your PGP application as soon as possible. If you were not lucky enough to receive an invitation do not give up and keep your confirmation number: last year not all the people who were selected in the first round submitted their applications and there was a second round announced in August 2017.

Note: This information is not intended as legal advice or opinion. You should always seek specialized legal advice with regards to your situation as the facts of each case are unique and the application of law varies in every case.